Central Transport Inc. v. Mantha & Associés/Associates
T-1113-94
Tremblay-Lamer J.
25/1/95
4 pp.
Appeal from Registrar's decision to expunge trade mark for lack of use following issuance of s. 45 notice -- Appellant owning trade mark for design and stylized words "Central Transport" registered for use in association with "furnishing transportation of freight by road, rail, sea and air, on a periodic basis" -- Only "road" transportation at issue -- S. 45 designed to clear "dead wood" from register and, although registrant not having to show use of trade marks by evidentiary overkill, test requiring more than bald assertion of use-Appellant's statement of use mere bald statement of use-Accompanying photographs showing only appearance of trade marks on trucks at registrant's Windsor location -- Invoice and shipping documents not providing information connecting them to trucks -- Use test requiring appellant to establish at least small connection between trucks shown in photographs, services performed and invoices -- Some evidence of nexus necessary -- Appellant could have provided sufficient facts showing use of trade mark during relevant period but did not -- Adverse finding of trade mark use during relevant period -- Trade-marks Act, R.S.C., 1985, c. T-13, s. 45 (as am. by S.C. 1993, c. 44, s. 232).